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SAN FRANCISCO - Today, a federal judge heard a challenge from a group of Temporary Protected Status (TPS) holders against the Trump administration’s unlawful termination of TPS humanitarian relief.
Individual Venezuelan and Haitian TPS holders are asking the court to pause Department of Homeland Security (DHS) Secretary Kristi Noem’s decision to end protections by April 2, while the case moves through the courts. Some 350,000 Venezuelan TPS holders are set to lose work authorization and legal status by the first week in April. 250,000 Venezuelan TPS holders and 500,000 Haitian TPS holders also risk losing their protected status this summer as a result of Secretary Noem’s actions.
The hearing is the first in NTPSA v. Noem, a lawsuit filed in February challenging the administration’s decision to cancel protections which had already been granted by the prior secretary. Secretary Noem’s actions are unprecedented. The plaintiffs also argue that actions are without authority and motivated by racism. Together, the suit seeks to protect over one million Haitian and Venezuelan TPS holders.
The campaign to protect TPS is led by the National TPS Alliance, a member-led organization of tens of thousands of TPS holders and the lead plaintiff in the case. The plaintiffs are represented by the National Day Laborer Organizing Network (NDLON), the ACLU Foundations of Northern California and Southern California, the Center for Immigration Law and Policy at the UCLA School of Law, and the Haitian Bridge Alliance.
The following are quotes from Venezuelan and Haitian TPS Holders and their legal team:
“Today, we stand united to defend the rights of over one million TPS holders who are at risk of losing their protections and facing uncertainty. The termination of TPS for Venezuelan and Haitian communities is not only unlawful but also deeply harmful to families who have sought refuge from unimaginable danger. We will continue to fight this unjust decision in court and ensure that TPS holders are not stripped of their rights, their work, and their security,” said Jose Palma, Coordinator of the National TPS Alliance.
“My daughter and I depend on TPS. I was shocked and devastated when I found out our TPS was going to be taken away, in just one week. TPS has been what made us secure. We cannot safely go back to Venezuela,” said E.R., a Venezuelan plaintiff. “President Trump’s false and hateful anti-Venezuelan attacks have caused their intended fear. But while I am scared, I am also stronger from being united with a community of people standing up to defend our rights.”
“DHS’ attempt to strip humanitarian protections from hundreds of thousands of Venezuelan migrants is unprecedented and clearly illegal. We are seeking emergency relief from the Court to prevent the irreparable harm immigrant families will suffer if DHS’ unlawful decision is allowed to take effect next week,” said Jessica Bansal, attorney at the National Day Laborer Organizing Network (NDLON).
“TPS exists for situations exactly like this one. Venezuelans cannot safely return to their home country due to a humanitarian crisis, and they have sought protection in the U.S.,” said Emi MacLean, attorney at the ACLU of Northern California. “Secretary Noem does not have the power to eliminate TPS protections and undermine the integrity of a statutorily authorized program.”
“We are asking the court to stop the federal government from moving forward with its plan to strip TPS protections from six hundred thousand Venezuelans because the government’s actions plainly violate the TPS statute, and because they are motivated by racism, in violation of the Fifth Amendment, ” said Ahilan Arulanantham of the UCLA Center for Immigration Law and Policy. “This administration can’t simply ignore the law when it doesn’t like it.”
“We stand with these courageous plaintiffs who deserve to know that the humanitarian protection granted to them will not be stripped away in a matter of days,” said Erik Crew, attorney at the Haitian Bridge Alliance. “We will keep fighting to defend Venezuelan TPS holders, as well as Haitian TPS holders who have been targeted with the same lawlessness, and the TPS program as a whole. ”
